STATE OF KERALA Vs. MEENAKSHI

JUDGEMENT

(1.) The police filed a report against the respondent in this case alleging that he had committed offences under S.42 [1] and 123 of the Motor Vehicles Act, IV of 1939 The accused appeared and pleaded not guilty to the charge. On 24-9-1960 when the case stood posted for evidence the accused was acquitted under S.247, Criminal Procedure Code because the complainant and his witnesses were absent and there was no application for time.

(2.) The State questions the correctness of the order of acquittal and contends that as it was a case charged by the police the court should have summoned the witnesses and the order of acquittal for reason of the complainants absence cannot be sustained.

(3.) Evidently the State is labouring under a misapprehension. Admittedly the offences involved are not cognizable and the case is to be tried as a summons case. S.247 enjoins that in summons cases if the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day.